Driving under the influence (DUI) is a serious offense in Washington State, and while most people associate DUI with alcohol, the state’s laws also cover impairment by drugs. Understanding the specifics of Washington’s Drug DUI law is crucial for anyone who drives in the state. Unlike alcohol, where impairment can be easily measured by a breathalyzer, drug impairment can be more complex to detect and prosecute. This article explores Washington’s Drug DUI law, how drug impairment is determined, the penalties involved, and what to do if you are wrogfully accused of a Tacoma DUI.
I. Legal Definition of Drug DUI in Washington
Washington State’s DUI law, specifically RCW 46.61.502, defines DUI as driving a vehicle while under the influence of intoxicating liquor or any drug. A “drug” under this law is broadly defined to include both legal and illegal substances that can impair a driver’s ability to operate a vehicle safely. This includes illegal drugs like marijuana (despite its legal status for recreational use), cocaine, and methamphetamine, as well as legally prescribed medications and even over-the-counter drugs that could impair driving ability.
The key factor in a Drug DUI charge is whether the substance, legal or illegal, has impaired the driver’s mental or physical faculties to the point where they are unable to drive safely. Unlike alcohol-related DUIs, which rely on blood alcohol concentration (BAC) as a standard measurement, drug DUIs require a more nuanced assessment of impairment.
II. Types of Substances Covered
A. Illegal Drugs
Washington’s Drug DUI law covers a wide range of illegal substances. Common examples include marijuana, cocaine, heroin, and methamphetamine. Even though marijuana is legal for recreational use in Washington, it is still illegal to drive while under its influence. The law does not distinguish between different types of illegal drugs; any substance that impairs your ability to drive can result in a DUI charge.
B. Prescription Medications
Many people are unaware that legally prescribed medications can also lead to a DUI charge. Even if you have a valid prescription from your doctor, if the medication impairs your ability to drive, you could be charged with a Drug DUI. This includes medications such as painkillers, antidepressants, and sleep aids, which can affect coordination, judgment, and reaction times.
C. Over-the-Counter Medications
Over-the-counter (OTC) medications, while easily accessible, can also impair driving ability. Common OTC drugs like antihistamines, cold medications, and sleep aids can cause drowsiness or dizziness, making it dangerous to operate a vehicle. If law enforcement determines that your driving is impaired due to these medications, you can still face a Drug DUI charge.
III. How Drug DUI is Determined
A. Field Sobriety Tests
Law enforcement officers use standard field sobriety tests (FSTs) to assess whether a driver is impaired. These tests include the horizontal gaze nystagmus (HGN) test, the walk-and-turn test, and the one-leg stand test. However, detecting drug impairment through FSTs can be more challenging than detecting alcohol impairment, as different drugs affect the body in various ways.
B. Blood Tests
If an officer suspects drug impairment, they may request a blood test to determine the presence of drugs in the driver’s system. In Washington, drivers are deemed to have given “implied consent” to such tests when they obtain a driver’s license. Refusing a blood test can result in automatic penalties, including license suspension. Blood tests measure the presence and concentration of drugs like THC (the active ingredient in marijuana) and other substances.
C. Drug Recognition Experts (DRE)
In some cases, a Drug Recognition Expert (DRE) may be called to the scene or the police station to evaluate the driver. DREs are specially trained officers who can assess drug impairment through a 12-step evaluation process, which includes checking vital signs, conducting physical tests, and interviewing the driver. The DRE’s assessment can play a crucial role in determining impairment, especially when dealing with prescription or over-the-counter medications.
IV. Penalties for Drug DUI in Washington
A. First Offense
A first-time Drug DUI offense in Washington carries significant penalties. These may include fines ranging from $350 to $5,000, jail time up to 364 days, and probation. Additionally, the court may require the offender to complete a mandatory drug education and treatment program. License suspension is also a common consequence, often lasting at least 90 days.
B. Subsequent Offenses
For those with prior DUI convictions, the penalties for subsequent Drug DUI offenses are more severe. Repeat offenders may face longer jail sentences, higher fines, and extended license suspension periods. In some cases, the court may require the installation of an ignition interlock device (IID), which prevents the vehicle from starting if the driver has consumed alcohol or drugs.
C. Aggravating Factors
Certain factors can aggravate a Drug DUI charge, leading to harsher penalties. These include driving with a child in the vehicle, causing an accident that results in injury or death, or having a particularly high concentration of drugs in the blood. Aggravating factors can result in longer jail time, higher fines, and additional legal consequences.
V. Legal Defenses Against Drug DUI Charges
A. Unlawful Traffic Stop
One potential defense against a Drug DUI charge is to challenge the legality of the traffic stop. If the officer did not have reasonable suspicion to pull you over, any evidence gathered during the stop, including field sobriety tests or blood tests, may be inadmissible in court.
B. Inaccurate Field Sobriety or Blood Tests
Field sobriety tests and blood tests are not infallible. Factors such as medical conditions, environmental conditions, or improper testing procedures can lead to inaccurate results. A skilled attorney can challenge the validity of these tests and potentially have the charges reduced or dismissed.
C. Medical Exemptions
If you were taking a legally prescribed medication according to your doctor’s instructions, this could be a defense against a Drug DUI charge. However, you would need to demonstrate that you were not impaired by the medication and that the officer’s assessment was incorrect.
D. Lack of Impairment
Even if drugs were found in your system, this alone does not prove impairment. A defense attorney may argue that the amount of the drug was too small to cause impairment or that your driving was not affected. This defense can be particularly effective in cases involving prescription or over-the-counter medications.
VI. Consequences of a Drug DUI Conviction
A. Criminal Record
A Drug DUI conviction results in a criminal record, which can have long-term consequences for employment, housing, and other aspects of your life. Employers and landlords often conduct background checks, and a DUI conviction can negatively impact your opportunities.
B. Insurance Consequences
A Drug DUI conviction will likely result in higher car insurance premiums. Some insurance companies may even refuse to cover you after a DUI conviction. Washington State may also require you to obtain SR-22 insurance, which is a certificate of financial responsibility that proves you carry the minimum required liability insurance.
C. Professional Licenses
If you hold a professional license (e.g., healthcare, law, transportation), a Drug DUI conviction can result in disciplinary actions by the licensing board, including suspension or revocation of your license.
D. Immigration Consequences
For non-citizens, a Drug DUI conviction can have serious immigration consequences, including deportation or denial of visa or citizenship applications. It is crucial for non-citizens facing a Drug DUI charge to seek legal advice from an attorney who specializes in immigration law.
VII. What to Do If You Are Charged with Drug DUI
A. Contacting a Lawyer
If you are charged with a Drug DUI, the first step you should take is to contact an experienced DUI attorney. A lawyer can help you understand the charges against you, advise you on your rights, and develop a defense strategy tailored to your case.
B. Understanding Your Rights
It is important to understand your legal rights if you are pulled over for suspicion of DUI. You have the right to remain silent and the right to legal counsel. If you are asked to take a blood test, you should know the potential consequences of refusing.
C. Preparing for Court
Your attorney will guide you through the process of preparing for court, which may include gathering evidence, identifying witnesses, and challenging the prosecution’s case. Being well-prepared can significantly increase your chances of a favorable outcome.
